SZJRJ v Minister for Immigration and Citizenship

[2007] FCA 1228

FEDERAL COURT OF AUSTRALIA

SZJRJ v Minister for Immigration and Citizenship [2007] FCA 1228

SZJRJ v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND MIGRATION REVIEW TRIBUNAL

NSD 812 OF 2007

BRANSON J
31 JULY 2007
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 812 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZJRJ
Appellant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

MIGRATION REVIEW TRIBUNAL
Second Respondent

JUDGE:	BRANSON J
DATE OF ORDER:	31 JULY 2007
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The appeal be dismissed pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth).

2.The appellant pay the costs of the first respondent.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 812 OF 2007

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:

SZJRJ
Appellant

AND:

MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent

MIGRATION REVIEW TRIBUNAL
Second Respondent

JUDGE:	BRANSON J
DATE:	31 JULY 2007
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. At approximately 10:15 am today I asked that the calling of this matter for hearing be delayed until 10:25 am.  I did so because I was advised that the appellant was not in the courtroom.  At approximately 10:25 am the appeal was called for hearing and the appellant was called by his pseudonym outside the courtroom.  He did not appear.  Additionally, the court officer went to the registry floor of the building to see if she could find the appellant.  She was unable to do so. 

2. I am satisfied that the Court has sent a letter to the appellant, using the address given by him on his notice of appeal, advising him of the date and time of today’s hearing.  Counsel for the Minister has also shown the Court the correspondence, addressed to the appellant at that address, providing him with court documents and advising him of the hearing date and time.  I am therefore satisfied that appropriate steps have been taken to place the appellant on notice of the date and time fixed for the hearing of his appeal. 

3. As the appellant has not attended the hearing of his appeal, the appeal is dismissed pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth). There will additionally be an order that the appellant pay the first respondent’s costs of the appeal.

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Branson.

Associate:

Dated:        13 August 2007

Counsel for the Appellant:	The Appellant did not appear
Counsel for the First Respondent:	Mr P Silver
Solicitor for the First Respondent:	Clayton Utz
Date of Hearing:	31 July 2007
Date of Judgment:	31 July 2007